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(영문) 의정부지방법원 2016.11.30 2016고단540

사기

Text

Defendants are not guilty. They are not guilty. They are given public notice of the summary of the decision.

Reasons

1. The summary of the facts charged in the instant case is that the victim F was entitled to move-in rights in the area belonging to 298 square meters of H land in the Dobong-gu Seoul Metropolitan Government (hereinafter “H land”) which was owned by the victim F under his wife G. Defendant B, around March 20, 2007, transferred the 149/298 shares of H land (hereinafter “the first sale share”) in the name of Defendant B at KRW 290,000,000,000, and the mortgagee of H land was the Gwangju District Livestock Cooperative (hereinafter “Seoul District Livestock Cooperative”), and the maximum debt amount is KRW 210,000,000 and the actual debt amount is KRW 160,000,000,000,000 won with the right to move-in rights at the time of redevelopment, and Defendant B received compensation from the victim with the right to move-out and sell the remaining shares of H land at KRW 39,298,000,00.

Defendant

B bears a total of KRW 750 million ( KRW 160 million in total) in order to purchase H land. However, around September 2007, at the wind of the contractor, the contractor did not select a construction project and the redevelopment improvement plan could not obtain two occupancy rights of 45 square meters anticipated to have failed to obtain redevelopment approval. As the damage was inflicted on the Defendant, who leased the Defendant’s commercial building in the Seoul Metropolitan Government, was able to compensate the victim for the damage. On September 2, 2007, Defendant A was able to make a provisional registration or principal registration of the land and building (hereinafter “instant real property”), such as L, M, N,O, P, etc., of Dobong-gu Seoul Metropolitan Government (hereinafter “instant real property”). Defendant A was able to obtain a provisional registration or principal registration on the land and building (hereinafter “instant real property”).

At the time, the victim is conducting the project to build medical buildings in the above five lots of land.